Legal Notices for January 23, 2016

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Cathy Jackson A/K/A Cathy F. Jackson, single (PRESENT RECORD OWNER(S): Cathy R. Jackson) to Mtnbk, Ltd., Trustee(s), dated the 30th day of October, 2009, and recorded in Book DOC 518, Page 442, in Transylvania County Registry, NorthCarolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Transylvania County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on February 8, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Transylvania, North Carolina, and being more particularly described as follows:

Beginning at stake in the Northern margin of U.S. Highway No. 280, common corner of Lots No. 1 and 2 of Plat hereinafter referred to Israel’s corner; and runs with the dividing line between said Lots 1 and 2, North 33 deg. 40 min. West 200 feet to a stake in the Southeast margin of East View Drive, and common corner of Lots No. 1 and 2; thence, with the Southeast margin of East View Drive, North 40 deg. 30 min. East 108.45 feet to a stake, the common corner of Lots 2 and 3 of said plat hereinafter referred to; thence, with the line between Lots 2 and 3, South 33 deg. 50 min. East 200 feet to a stake in the Northwestern margin of U.S. Highway No. 280, common corner of Lots 2 and 3; thence, with the Northwestern margin of U.S. Highway No. 280, South 40 deg. 30 min. West 108.8 feet to the BEGINNING. Being Lot No. 2 of Block A, of a map of the J.W. McGuire Subdivision as shown by a plat of same prepared by T.N. Davis RLS, on the 31st day of July 1941. Together with improvements located thereon; said property being located at 6145 Asheville Highway, Pisgah Forest, North Carolina. And being all of that property described in deed recorded in Book 138 at Page 391 of the Transylvania County, NC Register’s Office. Being all of that property described in deed recorded in Deed Book 345 at Page 782. Transylvania County Registry.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.

A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property

An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.

Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days but not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.

Having qualified as Executor of the Estate of Eileen M. Barnes, deceased, late of Transylvania County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 9th day of April, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Having qualified as Co-Executors of the Estate of Christine Cowan, deceased, late of Orleans Parish, Louisiana, this is to notify all persons, firms and corporations having claims against the said Estate to present such claims to the undersigned on or before April 9, 2017, or this Notice will be pleaded in the bar of their recovery. All persons indebted to said Estate will please make immediate payment.

Having qualified as Administrator of the Estate of Myrtle Ruth Miley Allan of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Myrtle Ruth Miley Allan to present them to the undersigned on or before April 2, 2017 or the claim will be forever barred thereafter.

Having qualified as Executor of the Estate of Warren Eugene Fisher of Transylvania County, North Carolina, this is to notify all persons having claim against the Estate of Warren Eugene Fisher to present them to the undersigned on or before April 23, 2017 or the claim will be forever barred thereafter.

These vehicles are being sold “as-is” with no warranty. Bids will be accepted until 5:00 p.m. on Thursday, January 26, 2017. Bids will be opened on Friday, January 27, 2017. Please use the truck number to identify your bid. These vehicles may be viewed at Haywood EMC Headquar-ters, 376 Grindstone Road, Waynesville, NC 28785.

For more information contact Tim Burnette at 452-2281, Monday through Friday, 8:00 am. Until 4:30 p.m. Haywood EMC reserves the right to reject any or all bids.